73-4-24. Petition for expedited hearing of objection -- Petition for limited determination.

326 words·~1 min read·/ut/title-73/chapter-4/73-4-24

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/10/2016

(1)A claimant to the use of water may petition the court to expedite the hearing of a valid, timely objection to a report and proposed determination prepared in accordance with Section 73-4-11 in which the claimant has a direct interest.

(2)A petition under Subsection

(1)shall identify any party directly affected by the objection, if known to the claimant, and state why the hearing of the objection should be expedited.

(3)A petitioner under Subsection

(1)shall notify those affected by the petition as directed by the court.

(4)The court may grant a petition under Subsection

(1)if:

(a)the court finds that the expedited hearing is necessary in the interest of justice;

(b)granting the petition will facilitate a reasonably prompt resolution of the matters raised in the objection; and

(c)granting the petition does not prejudice the right of another claimant.

(5)During the pendency of a general adjudication suit, a claimant or group of claimants may petition the court to direct the state engineer to prepare a proposed determination and hydrographic survey map for a limited area within the general adjudication area in which the claimant or group of claimants has a claim.

(6)The court may grant a petition under Subsection

(5)if:

(a)the claimant or group of claimants will suffer prejudice if the petition is not granted;

(b)the matters raised by the claimant or group of claimants are proper for determination in a general adjudication;

(c)granting the petition will not unduly burden the state engineer's resources; and

(d)granting the petition will not unduly interfere with the state engineer's discretion to allocate resources for the preparation of another proposed determination.

(7)If the court grants a petition under this section, the state engineer shall comply with this chapter in satisfying the court's order.

Amended by Chapter 72 , 2016 General Session